What states have mandatory ID check?
- Thread starter Islander
- Start date
Found some info under "Stop and Identify" in wikipedia:
Stop and Identify statutes - Wikipedia, the free encyclopedia
No stop and identify requirement in SC. :biggrin:
Thank you, my Brother. I've got the CWP ID requirements memorized, but was wondering what the laws were for standard "stop and identify". Glad to know SC does NOT have "stop and identify" laws.
Of ciourse, since I carry 99% of the time, I'll need to stop and identify and inform. :biggrin:
armyman_83
lowly crusader
I love Alabama because we we don't have a duty to inform, nor do we have a duty to show ID (unless you are driving) except In Accordance With:
Section 15-5-30 (Code of Alabama)
Authority of peace officer to stop and question.
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.
(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)
If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
Section 15-5-30 (Code of Alabama)
Authority of peace officer to stop and question.
A sheriff or other officer acting as sheriff, his deputy or any constable, acting within their respective counties, any marshal, deputy marshal or policeman of any incorporated city or town within the limits of the county or any highway patrolman or state trooper may stop any person abroad in a public place whom he reasonably suspects is committing, has committed or is about to commit a felony or other public offense and may demand of him his name, address and an explanation of his actions.
(Acts 1966, Ex. Sess., No. 157, p. 183, §1.)
If they don't have reasonable cause then screw them. This isn't Nazi Germany. I don't have to show my papers--and I won't. I fought so I don't have to do that BS.
Actually, per the Terry decision, NO state can stop and ask for ID without probable cause. Americans are not obligated to have unofficial conversations with law enforcement. In SC, they can't even do that. There is no requirement to give your name, etc., even if stopped for probably cause (no "stop & ID" law), except in very special cases (driving your car, carrying a concealed weapon, actively hunting or fishing, etc.).
In Oklahoma, we are required to identify the fact that we are in actual possession of a concealed handgun when we first come in contact with any law enforcement officer when arrested, detained or in the course of a routine traffic stop.
That LEO cannot ask to inspect any properly concealed firearm, unless he suspects a crime has been committed.
The portion of the SDA that applies:
A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.
D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.
E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.
That LEO cannot ask to inspect any properly concealed firearm, unless he suspects a crime has been committed.
The portion of the SDA that applies:
A. It shall be unlawful for any person to fail or refuse to identify the fact that the person is in actual possession of a concealed handgun pursuant to the authority of the Oklahoma Self-Defense Act when the person first comes into contact with any law enforcement officer of this state or its political subdivisions or a federal law enforcement officer during the course of any arrest, detainment, or routine traffic stop. No person shall be required to identify himself or herself as a concealed handgun licensee when no handgun is in the person’s possession or in any vehicle in which the person is driving or is a passenger. Any violation of the provisions of this subsection shall, upon conviction, be a misdemeanor punishable by a fine not exceeding Five Hundred Dollars ($500.00), by imprisonment in the county jail for a period not to exceed ninety (90) days, or by both such fine and imprisonment. In addition to any criminal prosecution for a violation of the provisions of this subsection, the licensee shall be subject to a six-month suspension of the license and an administrative fine of Fifty Dollars ($50.00), upon a hearing and determination by the Bureau that the person is in violation of the provisions of this subsection.
D. Any law enforcement officer coming in contact with a person whose handgun license is suspended, revoked, or expired, or who is in possession of a handgun license which has not been lawfully issued to that person, shall confiscate the license and return it to the Oklahoma State Bureau of Investigation for appropriate administrative proceedings against the licensee when the license is no longer needed as evidence in any criminal proceeding.
E. Nothing in this section shall be construed to authorize a law enforcement officer to inspect any weapon properly concealed without probable cause that a crime has been committed.
Correct. But again, my question had nothing to do with whether or not one was carrying. I just wanted to know which states had "stop and identify" laws.
Thanks!
What if they think you are an illegal alien?
mappow
New member
The key is IF the LEO has PC to stop/question. Terry Law also states that LEO's can "PAT" down one's person for "Officer Safety". I would be careful about practicing Law on the Street. (MYSELF included) You could be impeding an investigation by refusing to ID yourself and or prove with State issued ID. Why poke a grizzly if you don't need to. Comply up until the point of uneasiness.
All this is IF you are NOT CC in SC. If you are CC you must by law ID yourself as CC and present proof. I personally would advise the LEO I'm CC and await his direction.
All this is IF you are NOT CC in SC. If you are CC you must by law ID yourself as CC and present proof. I personally would advise the LEO I'm CC and await his direction.
I don't know if the law has changed, but when I was with the Dallas PD in the 1970's, if I asked someone to provide me with identification and they either refused to provide it or provided incorrect ID, I could and did, many times, take them to jail.
The charge was failure to identify. Intentional refusal to give the true name and address to a peace officer when lawfully stopped and asked.
The charge was failure to identify. Intentional refusal to give the true name and address to a peace officer when lawfully stopped and asked.
Thankfully things have changed. No authority to ask for ID for a simple stop. :biggrin:
Nope. :no:
OngoingFreedom
New member
Tennessee is a curious mixture of laws.
We are not a stop and identify state (thanks for the wikipedia link), and neither are folks holding CWP, CCW, etc (here it's called an HCP, or, Handgun Carry Permit) required to inform the officer they are carrying.
HOWEVER.
The carriage of a loaded handgun is illegal in TN, regardless of if you have said license. The license becomes a legal defense.
READ: if an officer sees or suspects I am carrying, like when I open carry, he may stop and ask me to produce an HCP (or equivalent). Carrying the gun is illegal. Carrying an HCP with the gun is the get out of jail free card and makes it okay.
It sounds more confusing than it works out.
We are not a stop and identify state (thanks for the wikipedia link), and neither are folks holding CWP, CCW, etc (here it's called an HCP, or, Handgun Carry Permit) required to inform the officer they are carrying.
HOWEVER.
The carriage of a loaded handgun is illegal in TN, regardless of if you have said license. The license becomes a legal defense.
READ: if an officer sees or suspects I am carrying, like when I open carry, he may stop and ask me to produce an HCP (or equivalent). Carrying the gun is illegal. Carrying an HCP with the gun is the get out of jail free card and makes it okay.
It sounds more confusing than it works out.
M1911a1lvr
New member
Here in Vermont, you don't have to show any id just if asked by a LEO. He has to have RAS, it is against the 4th amendment for an officer to ask just run you through the system. We also don't have an CC/OC permits in Vermont. So even if they do stop you you don't have to tell them your are carrying. It is common courtesy to do so, but you don't have too. Most LEO's know that anyways so they hardly ever give you a second glance if you do OC around here.
benjammin
New member
I'm not sure about if your ID is requested, but you do have to inform if you are carrying while stopped by a LEO.
